An example is Some practical considerations of taking legal action against a foreign business based in another country are whether the have patent law and trademark laws. Factors that could work against CadMex decision to grant sublicensing agreements are lack of patent rights and did not go through the proper court process in Candore. When the local customs and laws conflict with customs and laws of an organization operating abroad the local law and customs should be prevail because that is where the contract was based. The host country should have manufacture rights. For example if the United States and China goes into a contract in regards to Chinese traditional attire and there is a dispute the Chinese should win because it is, a part of their tradition and the United States assumed the risk.
International Legal and Ethical Issues Simulation Summary University of Phoenix Law/421 There are a number of things a company should be aware of when getting involved in international business. A few factors ought to be considered, factors such as, knowledge of local laws, international laws, political situations which can arise and cultural differences. When a company ventures out to pursue business internationally, the importances of knowing both local and international laws are crucial. Knowing these laws; can help guarantee contracts and agreements entered, will be legal and enforceable. Moreover, it is important to comprehend the political standing of a country, in which business is conducted, in order to establish if there is at all, volatility that could change the agreement.
Addressing International Legal and Ethical Issues Simulation Summary Brenna Hogue LAW/421 Nikki Chtaini May 5, 2014 The simulation discussed a business agreement between two international companies, CadMex Pharma and Gentura. When one company enters into a contract with another company located in a foreign country, both parties need to ensure that the contract is legal in both countries. Defining all the terms of the contract in a detailed and explicit manner is crucially important. When both parties have clear terms of the contract, there will be less chance for any type of dispute to occur. From an ethical standpoint, Gentura faces quite the dilemma due to the rare viral epidemic currently plaguing the country of Candore, where the country is located.
Roles and Functions of Law XXXXXXXX Contemporary Business Law June 01, 2013 XXXXXXX Roles and Functions of Law Many issues can be experienced for a business when resolving legal disputes regarding international transactions. Issues that may occur include signing of contracts designed to protect both parties, choice of clause, which forum to use when settling a dispute and if arbitration (if used) will be nonbinding or binding. Another aspect to take into consideration when resolving legal disputes regarding international transactions would be to gauge when the government becomes involved with the legal proceedings, and to discover if the particular countries ruling government can overrule decisions made by a business. More issues would include dominant international laws, the political situation, and culture issues that would influence the success or failure of the business venture. Some things to consider when addressing legal action against a foreign business partner based in a different/foreign country include considering the best interest of the company as well as future business ventures with the company or country conducting business with.
What are some practical considerations of taking legal action against a foreign business partner based in another country? Some practical considerations of taking legal action would be the negative publicity you would receive from it. The relationship between the two countries may be damaged and hinder future business transactions. Another consideration would be the legal expenses involved. Unless the contract is fully understood and you are sure of what you are doing, the legal expenses and negative publicity involved may make the legal action not worth it.
There are several considerations the first one that should be considered is that the country could deny any future business transaction. The country of interest may also face situations such as political crises, economic or health crises, which may put at risk their business transactions. One should also consider potential litigation to which the company could face you are considering entering into a contract and what laws could prevent or hinder the process. What factors could work against CadMex's decision to grant sublicensing agreements? There are several factors facing CadMex's decision to grant sublicensing Agreements Addressing International Legal and Ethical Issues Simulation
Addressing International Legal and Ethical Issues Simulation Summary Teresa Smith LAW421 December 23, 2013 • What are the issues involved in resolving legal disputes in international transactions? When trying to resolve issues in matters of international business you must have knowledge of the law and culture of the country that you are conducting business. A choice of law clause and a forum selection clause are necessary and help when putting a contract together to detail exactly how these legal disputes will be handled. Contracts that are vague or are put together by people with no knowledge of the country or culture in which they are doing business have little hope of being enforceable. • What are some practical considerations of taking legal action against a foreign business partner based in another country?
In business when a customer won’t pay a bill for services rendered or in a family situation where marriage is being questioned as valid or not, or with the rules of divorce or who should have the care of the children. With the accusation of unlawful conduct it means someone is thought to be at fault, although the person is innocent until proven otherwise. In civil law, terms such as ‘reasonable care’ and ‘reasonably foresee’ (Arthur, 2011) are used, this says that occurrences shouldn’t happen if the proper measures are in place. The person raising the grievance should make sure they have followed policy and procedure to reasonably protect them from harm. In criminal law, the actus reus, or translated, the guilty act, has to be committed voluntarily.
Because of the initial breach, this caused a series of further events that then threatened the original plan of how the partnership was to go and who would retain the patent of the drug. Legally, CadMex had a right to sue for breach of contract and so on and so forth from what was said previously. Ethically, however, they should allow for innocent lives to be saved and because they are in a host country, they need to do whatever it takes to make sure that international relations are not affected by any negative publicity. We would solve this issue by installing a utilitarian style of ethics to follow. Utilitarianism is to choose the actions or follow the rules that produce the most good in society.
One, promises may act as consideration for some other but there are limitations, in that the value needs to be defined explicitly. Two, past consideration; if something happened in the past that did not establish some quasi-contract is cannot be currently exchanged for a promise. Consideration requires a current exchange. Third, some courts hold that relief from some moral obligation by the promisor is sufficient consideration and currently being exchanged. Fourth, the preexisting duty rule exerts that an action sufficient for reward will be not enforced if the action is already the duty of person performing the